TNAG-0678-FCO40-827-Allegations-of-corruption-and-bribery-in-Hong-Kong-1977 — Page 113

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limited to the operation of ICAC.

11. You will see from the brief history above that for a period of years ministers have been concerned about the creation of an Ombudsman although it has been accepted that UMELCO, CDOs, etc, to some extent, act as channels of complaint. It would be interesting to know how many complaints a year are received by Urban Councils' members. How many complaints, for example, has Mrs Elliot received compared with the number received by UMELCO. I would hazard that more complaints are received by her than by the whole of UMELCO for there is a general belief amongst the Chinese population that she works in their interests whereas UMELCO is considered to be part of the government establishment.

12. If we are to suggest the creation of an Ombudsman, I doubt if it would be acceptable that his terms of reference should be limited to the operation of ICAC only. If we were to suggest the setting up, say, of an Appeal Panel, this might be taken as detracting from the powers of the courts. Also ICAC would see the proposal as weakening their attack on corruption and the public at large might also see it in this light. If we start with some sort of Ombudsman to cover ICAC operations then undoubtedly there will be pressure to extend his powers to cover the administration generally.

13. I enclose a draft letter to Sir Denys Roberts, however, based on your suggestion that an Ombudsman be appointed with terms of reference limited to the operations of ICAC.

22 February 1977

Tardiff

T Duffy

Hong Kong Department K 245

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